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  Re: e360Insight, LLC. v Comcast Corporation         


Author: grendal
Date: Jan 27, 2008 20:44

On Jan 26, 6:36 pm, Bill Silverstein sorehands.com>
wrote:
> On Sat, 26 Jan 2008 14:47:03 -0800 (PST), Fish wrote:
>
>>e360insight v. Comcast, Denial Of Service Attacks May Establish New
>>Legal Precedent
>
>>See
>
>
> It may only be be a precedent if the judge is completely on drugs. Your
> analysis is without any basis in logic or technology.
>
> This article is a clear indicator that the author has no clue.

Bill,
I think you need to re-read the blog.
Show full article (1.13Kb)
8 Comments
  Re: e360Insight, LLC. v Comcast Corporation         


Author: grendal
Date: Jan 27, 2008 20:34

On Jan 26, 7:19 pm, huey.calli...@gmail.com wrote:
> My question is this: If you initiate a transaction asking someone else
> to do something for you - in this case, delivering an email using their
> systems - and the entity you initiate that transaction with doesn't
> answer quickly or correctly enough for you, how can that possibly
> constitute a 'denial of service attack'? Your options seem clear: wait,
> or stop asking. Under what circumstances can what amounts to essentially
> failing to answer the phone by the second ring constitute a 'denial of
> service attack', when you have no right or even reasonable expectation
> that the phone will be answered at all?
>
Bingo!
Now give that man a "Howard the Duck" doll.
no comments
  Re: e360Insight goes after anti-spammers yet again         


Author: grendal
Date: Jan 27, 2008 20:33

On Jan 26, 6:28 pm, DevilsPGD crazyhat.net> wrote:
> Since they have no right to said service, and I have no obligation to
> provide it, there is no tort.
>
> I would truly love one of them to try and sue me. Frankly, I'd rather
> lose that case, since my next action would be to sue the judge and his
> bank for denying me access to his bank account.
>
> e360 has as novel approach here, but that doesn't mean it's a good one.

Well, we're not lawyers but I do agree that there is no tort.

"tar-pitting" is actually legal. Comcast not only owns their own
network, but they have the right to configure how they want to handle
any and all traffic on their network and servers. Obviously there's
more to this but as group of mainly administrators we already know
this.

IMHO the case should be summarily dismissed. The claim is of Comcast
doing a DOS attack against Lindhardt. There is a definition of DOS
and holding/processing e-mail is not a DOS attack. Not even a "type of
DOS attack".
Show full article (1.23Kb)
17 Comments
  Re: e360Insight goes after anti-spammers yet again         


Author: grendal
Date: Jan 27, 2008 20:15

On Jan 26, 12:08 pm, Steve Sobol JustThe.net> wrote:
> I'm one of the NANAE Nine. The Eddie Marin lawsuit against us was specifically
> meant to cause financial harm. It was baseless, and it was filed by an idiot
> lawyer whose papers had so many procedural screwups that no sane judge would
> have ruled in his favor. Unfortunately, although our judge threw the case out,
> there were no sanctions at all against the attorney, no monetary damages (we
> had tens of thousands of dollars in legal fees), etc.
>
> That's the kind of thing that needs to be stopped.
>
Unfortunately, that's not going to happen. Its now becoming a "de-
facto" legal tactic. (Bleed your opponent dry, regardless of winning
or losing.)

It sucks, but until you take the lawyers out of congress, tort reform
is nothing more than a pipe dream.
6 Comments
  Re: e360Insight goes after anti-spammers yet again         


Author: grendal
Date: Jan 27, 2008 20:12

On Jan 26, 9:06 am, WindsorFox gmail.com> wrote:
> Edward A. Falk wrote:
>> In article <6spgp3l1te1laotm89j5vpoqvoq6l3u...@4ax.com>,
>> wrote:
>>> Interesting reading athttp://spamsuite.com
>
>> This came across SpamSuite just today: E360/Linhardt is suing
>> anti-spammers Mark Ferguson, Susan Wilson, and Kelly Chien for the
>> THIRD TIME. They voluntarily dismissed their case twice before, and
>> now they're doing it again.
>
>
>> I've figured out why America is so lawsuit-crazy -- it's because the
>> courts let people get away with harassing crap like this.
>
> Yes, they should have never allowed these papers to be filed, and
> there should be a way to put both him and the lawyer in jail for
> harassment over this.
> ...
Show full article (2.27Kb)
18 Comments
  Re: e360Insight goes after anti-spammers yet again         


Author: DLU
Date: Jan 27, 2008 20:07

Steve Sobol wrote:
> On 2008-01-26, Cameron L. Spitzer merde.greens.org> wrote:
> I'm one of the NANAE Nine. The Eddie Marin lawsuit against us was specifically
> meant to cause financial harm. It was baseless, and it was filed by an idiot
> lawyer whose papers had so many procedural screwups that no sane judge would
> have ruled in his favor. Unfortunately, although our judge threw the case out,
> there were no sanctions at all against the attorney, no monetary damages (we
> had tens of thousands of dollars in legal fees), etc.
>
> That's the kind of thing that needs to be stopped.

One needs to read:
The Law
by Frederic Bastiat

--
***************************************
* This is the Spammish Inquisition *
* Not Lumber Cartel Unit 75 [TINLC] *
* I am not SPEWS.ORG *
***************************************
no comments
  $45us/pc H.I.D Conversion Kit         


Author: purplezone
Date: Jan 27, 2008 17:44

Get $5us if you register on www.housinghouse.com

Get $5us if you register on housinghouse.com that is professional in
auto area, like HID.
no comments
  PING Susan/Kelly         


Author: Mark
Date: Jan 27, 2008 15:08

If you want the information I have on this case please contact me via
email.
4 Comments
  Re: e360Insight, LLC. v Comcast Corporation         


Author: Chris U
Date: Jan 27, 2008 12:12

On Sun, 27 Jan 2008 01:54:51 +0000 (UTC), vjs@calcite.rhyolite.com
(Vernon Schryver) wrote:
>That ignorant would-be spammer fighters have for many years proposed
>"tarpitting" or "teergrubing" with ultra-slow SMTP servers is relevant
>to the real world no more than any other crackpot theory based...
Show full article (1.33Kb)
3 Comments
  Re: Giganews doing something about Hipcrime, finally ?         


Author:
Date: Jan 27, 2008 10:55

James W Anderson hotmail.com> got too close to a singularity. This
was what came out the other side: news:515d3b3f-160a-4c5c-a040-
7081d5716d5f@q77g2000hsh.googlegroups.com:
>
>> My ISP uses Giganews for usenet service, and I noticed a month or so ago
>> that a lot of crap that showed up on google wasn't showing up here. So,
>> is that Giganews, or someone at the ISP doing...
Show full article (1.80Kb)
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